PROGRAM TO ENCOURAGE ACQUISITION OF CLEAN VEHICLES AND MOTOR
VEHICLES THAT USE ALTERNATIVE FUELS

NRS 486A.200 Authority
of State Department of Conservation and Natural Resources to develop and carry
out program; education of members of general public; definitions.

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FLEETS: USE OF ALTERNATIVE FUELS

General Provisions

NRS 486A.010Legislative findings.The
Legislature finds that:

1. The State’s environment, particularly
the quality of its air, may be improved, especially in metropolitan areas,
through the use of alternative fuels and clean vehicles.

2. A very large proportion of air
contaminants result from the burning of liquid and gaseous fuels to operate
trucks and buses, many of which are operated in fleets. Each fuel can be
evaluated as to the air pollution it causes when burned in motor vehicles, and
particular models of motor vehicles can be evaluated to assess the amount of
contaminants those motor vehicles emit.

3. Fleets operated by state agencies and
local governing bodies can reduce air contaminants through the use of
cleaner-burning alternative fuels and the acquisition of clean motor vehicles.

NRS 486A.020Definitions.As
used in NRS 486A.010 to 486A.180,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 486A.030 to 486A.130,
inclusive, have the meanings ascribed to them in those sections.

NRS 486A.030“Alternative fuel” defined.“Alternative
fuel” means any fuel which complies with the standards and requirements for
alternative fuel established by the Commission. The term does not include a
fuel that is required for use in this State pursuant to a state implementation
plan adopted by this State pursuant to 42 U.S.C. § 7410.

NRS 486A.080“Fleet” defined.“Fleet”
means 50 or more motor vehicles which are registered in the same county and
which are under the common control of and owned, leased or operated by a state
agency or a local governing body. The term does not include long haul trucks
for use in interstate transportation or motor vehicles held for lease or rental
to the general public.

NRS 486A.100“Manufacturer” defined.“Manufacturer”
means a company that makes and sells motor vehicles as its primary business.
The term does not include companies that make or sell experimental motor
vehicles or motor vehicles that are prototypes.

NRS 486A.110“Motor vehicle” defined.“Motor
vehicle” means every vehicle which is self-propelled, but not operated on
rails, used upon a highway for the purpose of transporting persons or property.
The term does not include:

1. Standards and requirements for
alternative fuel. In establishing standards and requirements for alternative
fuel, the Commission:

(a) Must consider fuels that are recognized by
the Environmental Protection Agency and the Department of Energy to improve air
quality or reduce harmful air emissions.

(b) Shall not discriminate against any product
that is petroleum based.

2. Specifications for clean vehicles and
motor vehicles that use alternative fuels. To the extent practicable and
appropriate, the specifications established by the Commission must be
consistent with the specifications established by the Environmental Protection
Agency and the Department of Energy for the vehicle category and year of
manufacture.

3. The acquisition of clean vehicles and
motor vehicles that use alternative fuels by a fleet that is operated in a
county whose population is 100,000 or more, including, without limitation,
recordkeeping and reporting requirements concerning such vehicles.

4. Standards for levels of emissions from
motor vehicles that are converted to use alternative fuels.

5. The establishment of a procedure for
approving variances or exemptions to the requirements of NRS 486A.010 to 486A.180,
inclusive. The Commission may approve a variance or exemption based upon:

(a) A determination by the Commission that
compliance with the requirements of NRS 486A.010
to 486A.180, inclusive:

(1) Would void or reduce the coverage
under a manufacturer’s warranty for any vehicle or vehicle component;

(2) Would result in financial hardship to
the owner or operator of a fleet; or

(3) Is impractical because of the lack of
availability of clean vehicles, alternative fuel or motor vehicles that use
alternative fuel; or

1. An authorized representative of the
Department may enter and inspect any fleet of motor vehicles that is subject to
the requirements of NRS 486A.010 to 486A.180, inclusive, to ascertain compliance with the
provisions of NRS 486A.010 to 486A.180, inclusive, and any regulations adopted
pursuant thereto.

2. A person who owns or leases a fleet of
motor vehicles shall not:

(a) Refuse entry or access to the motor vehicles
to any authorized representative of the Department who requests entry for the
purpose of inspection as provided in subsection 1.

(b) Obstruct, hamper or interfere with any such
inspection.

3. If requested by the owner or lessor of
a fleet of motor vehicles, the Department shall prepare a report of an
inspection made pursuant to subsection 1 setting forth all facts determined
which relate to the owner’s or lessor’s compliance with the provisions of NRS 486A.010 to 486A.180,
inclusive, and any regulations adopted pursuant thereto.

1. Except as otherwise provided in
subsection 4, any person who violates any provision of NRS
486A.010 to 486A.180, inclusive, or any
regulation adopted pursuant thereto, is guilty of a civil offense and shall pay
an administrative fine levied by the Commission of not more than $5,000. Each
day of violation constitutes a separate offense.

2. The Commission shall by regulation
establish a schedule of administrative fines of not more than $1,000 for lesser
violations of any provision of NRS 486A.010 to 486A.180, inclusive, or any regulation adopted
pursuant thereto.

3. Action pursuant to subsection 1 or 2 is
not a bar to enforcement of the provisions of NRS
486A.010 to 486A.180, inclusive, and any
regulations adopted pursuant thereto, by injunction or other appropriate
remedy. The Commission or the Director of the Department may institute and
maintain in the name of the State of Nevada any such enforcement proceeding.

4. A person who fails to pay a fine levied
pursuant to subsection 1 or 2 within 30 days after the fine is imposed is
guilty of a misdemeanor. The provisions of this subsection do not apply to a
person found by the court to be indigent.

5. The Commission and the Department shall
deposit all money collected pursuant to this section in the State General Fund.
Money deposited in the State General Fund pursuant to this subsection must be
accounted for separately and may only be expended upon legislative
appropriation.

PROGRAM TO ENCOURAGE ACQUISITION OF CLEAN VEHICLES AND
MOTOR VEHICLES THAT USE ALTERNATIVE FUELS

NRS 486A.200Authority of State Department of Conservation and Natural
Resources to develop and carry out program; education of members of general
public; definitions.

1. After consulting with the Department of
Business and Industry, the Department may, within limits of legislative
appropriations or authorizations or grants available for this purpose, develop
and carry out a program to provide incentives to encourage those persons who
are not otherwise required to do so pursuant to NRS
486A.010 to 486A.180, inclusive, to acquire
clean vehicles and motor vehicles that use alternative fuels. The program may
include, without limitation, a method of educating the members of the general
public concerning:

(a) The program administered by the Department;
and

(b) The benefits of using clean vehicles and
motor vehicles that use alternative fuels.

2. The Department may adopt regulations to
carry out the provisions of this section.